Criminal law of USI/Main Criminal Law Act of 2015

Text of the Main Crimal Law Act of 2015, as submitted to the Office of the Head of Legislative.

Chapter I: General Provisions

Title A: Definitions

(a)

For the purposes of this Act,

(i)		"act" (mind case sensitivity) shall signify an action made by a natural person with the body, or the making of a decision by an natural or legal person;
(ii)		"offense" and "violation of the law" shall signify an act that breaks a law;
(iii)		"crime" shall signify an act that breaks the criminal code
(iv)		"punishment" shall signify the unpleasant or undesirable sanctions imposed by the government upon a violator of the law;
(v)		"offender" and "violator of the law" shall signify a natural person who breaks a law;
(vi)		"offending party" shall signify a legal person that breaks a law;
(vii)		"the accused" shall signify one or more natural persons who are accused of violating the law;
(viii)		"perpetrator" and "subject of the act" shall signify a natural person who commits an act, in or outside the capacity as a part of a legal person;
(ix)		"defense" and "legal defense" shall signify ... ;
(x)		"self-defense" shall signify actions performed to protect oneself from being harmed by a crime of violence;
(xi)		"assisting self-defense" shall signify acting to prevent a third party (here a natural person only) from being harmed by a crime of violence;
(xii)		"lethal force" shall signify force used that will, in most normal circumstances, lead to the death of the object the force;
(xiii)		"mens rea" (lat. "the intending mind") shall signify a malicious intent to commit a crime;
(xiv)		"state" and "government" shall signify those things defined in section II(2)2 of the Usian Constitution;
(xvi)		being "guilty of a crime" shall signify having committed a crime with mens rea, or, in the case of absolute liability offenses, without mens rea;
(xvii)		"intoxicating substance" shall signify alcohol and other drugs that impair physical control over the body, judgement, and other mental control;
(xviii)		"inebriation" shall signify the influence of alcohol and/or other drugs on mental and physical control;
(xix)		"self-induced intoxication" shall signify the willing and knowing consumption of an intoxicating substance;
(xx)		"juridical person" shall signify an organization, union, association, government, state, company, corporation or other group or institution treated as a person under the law;
(xxi)		"legal persons" shall signify natural and juridical persons;
(xxii)		"license" shall signify a document, issued by the government, allowing the rightful bearer to commit certain acts otherwise forbidden;
(xxiii)		"dangerous animal" shall signify an animal that is capable of easily causing a human grave bodily injury and that is reasonably likely to do so;
(xxiv)		"hazardous material" and "hazardous substance" shall signify a substance that is very poisonous, explosive, unstable or very corrosive;
(xxv)		"anyone" shall, unless specified otherwise, signify a human being with full criminal responsibility;
(xxvi)		"young offender" shall signify a human being with limited criminal responsibility who has committed a crime;
(xxvii)		"minor" shall signify a human being below the age of 18;
(xxviii)		"self-control" shall signify the conscious ability to carry out actions in accordance with one's will;
(xxix)		the "height" of a court shall signify it position to overrule or be overruled by other courts;
(xxx)

(b)		Derivatives of the terms defined above shall have derived meanings.
(c)		The final interpretation of the Act, adhering to the common and legal use of all terms and phrases used, and those defined above, falls to the presiding judge.

For the purposes of this Act,

(i) "act" (mind case sensitivity) shall signify an action made by a natural person with the body, or the making of a decision by an natural or legal person;
(ii) "offense" and "violation of the law" shall signify an act that breaks a law;
(iii) "crime" shall signify an act that breaks the criminal code;
(iv) "punishment" shall signify the unpleasant or undesirable sanctions imposed by the government upon a violator of the law;
(v) "offender" and "violator of the law" shall signify a natural person who breaks a law;
(vi) "offending party" shall signify a legal person that breaks a law;
(vii) "the accused" shall signify, depending on numerus, one or more natural person(s) who is/are accused of violating the law;
(viii) "perpetrator" and "subject of the act" shall signify a natural person who commits an act, in or outside the capacity as a part of a legal person;
(ix) "perpetrator" shall signify a natural person who commits an act;
(x) "defense" and "legal defense" shall signify ;
(xi) "self-defense" shall signify actions performed to protect oneself from being harmed by a crime of violence;
(xii) "assisting self-defense" shall signify acting to prevent a third party (here a natural person only) from being harmed by a crime of violence;
(xiii) "lethal force" shall signify force used that will, in most normal circumstances, lead to the death of the object the force;
(xiv) "mens rea" (lat. "the intending mind") shall signify an intent to commit a crime;
(xv) "state" and "government" shall signify those things defined in section II(2)2 of the Usian Constitution;
(xvi) being "guilty of a crime" shall signify having committed a crime with mens rea, or, in the case of absolute liability offenses, without mens rea;
(xvii) "intoxicating substance" shall signify alcohol and other drugs that impair physical control over the body, judgement, and other mental control;
(xviii) "inebriation" shall signify the influence of alcohol and/or other drugs on mental and physical control;
(xix) "self-induced intoxication" shall signify the willing and knowing consumption of an intoxicating substance;
(xx) "natural person" shall signify a single human being;
(xxi) "juridical person" shall signify an organization, union, association, government, state, company, corporation or other group or institution treated as a person under the law;
(xxii) "legal persons" shall signify natural and juridical persons;
(xxiii) "license" shall signify a document, issued by the government, allowing the rightful bearer to commit certain acts otherwise forbidden;
(xxiv) "dangerous animal" shall signify an animal that is capable of easily causing a human grave bodily injury;
(xxv) "hazardous material" and "hazardous substance" shall signify a substance that is very poisonous, explosive, unstable or very corrosive;
(xxvi) "anyone" shall, unless specified otherwise, signify a human being with full criminal responsibility;
(xxvii) "young offender" shall signify a human being with limited criminal responsibility who has committed a crime;
(xxviii) "minor" shall signify a human being below the age of 18;
(xxix) "young adult" shall signify a human being between ages 18 and 21;
(xxx) "self-control" shall signify the conscious ability to carry out actions in accordance with one's will;
(xxxi) the "height" of a court shall signify it position to overrule or be overruled by other courts;
(xxxii) "juvenile delinquency correctional center" shall signify a prison-like institution for young offenders focused on rehabilitation and pedagogy;
(xxxiii) "his", "him" and "he" shall signify the form for both genders;
(xxxiv) "guardianship" and "legal guardianship" shall signify the custody of, legal responsibility, liability, and duty to care for another natural person;
(xxxv) "another" shall signify only a natural person who is a second party;
(xxxvi) "bed-ridden" shall signify unable or nearly unable to get out of bed for illness or injury;
(xxxvii) "youth" shall signify a human being with limited criminal responsibility;
(xxxviii) "limb" shall signify a hand or more than two fingers of a hand or the thumb, a foot, a leg, or an arm;
(xxxix) "irreversible" shall signify not to be healed to full health or at least a reasonable level;
(xl) "parole" shall signify that which is described under Title IIH;
(xli) "parole", when used in the context of a youth offender's sentence, shall signify an early release only from prison, not from a juvenile delinquency correctional center;
(xlii) "victim" shall signify a person that experiences disadvantages, discomforts or other drawbacks resulting from a perpetrator's offense against the law;
(xliii) "object of the act" shall signify the person or animal that experiences results, positive or negative, from an act commited by a person uder the law;
(xliv) "item of the act" shall signify an item the state of which is deliberately altered by an act;
(xlv) "unintentional item of the act" shall signify an item the state of which is unintentionally altered by an act;
(xlvi) "distraint" shall signify the seizure of another's property by the government in order to obtain money owed;
(xlvii) "impeachable offense", "impeachable crime", "impeachable violation" and derived forms shall signify an offense which, if committed by a holder of a public office or judicial position may lead to the perpetrator's impeachment;
(xlviii) "reasonable" shall signify not significantly deviant from an average natural person's perception and judgment. What is considered to be "reasonable" may be deemed by a judge or jury and may be overruled by the Parliament;
(xlix) "significant" shall signify so great as not to be able to be ignored by those affected by a deviation deemed significant. What is considered "significant" may be deemed by a judge or jury and may be overruled by the Parliament;

Chapter II: Sanctions and other consequences

Title A: Monetary sanctions

Subtitle [a]: Absolute

Article 1: Set fines

Section 1: Definition
A set fine shall be the governmental deprivation of a fixed amount of money.
Section 2:
Set fines shall not be used to punish crimes.

Article 2: Restitution

Subtitle [b]: Relative

Article 1: Day fine

Section 1: Definition
A day fine shall be the governmental deprivation of the income of 23 hours and 56 minutes.
Section 2:
A day fine may be imposed with regard for dependents of the criminal.

Article 2: Percentage-based income fine

Section 1: Definition
A percentage-based income fine shall be the governmental deprivation of a set percentage of income for a certain period of time.

Article 3: Percentage-based property fine

(a) A percentage-based property fine shall be the governmental deprivation of a set percentage of fungible goods.
(b) Certain non-fungible goods, such as property, real estate, and other valuable possessions (provided they are not heirlooms or other items of emotional importance to the possessor, to a reasonable point) may be distrained.

Article 4: Inability to pay

Section 1:
(a) If a person due to be fined relative of his income or property has no income or no property, then he shall receive an alternative punishment, as provided for by this Act.
(b) If a person due to be fined relative of his income or property cannot pay the fine without removing the basic needs of himself or his dependents, then he shall receive an alternative punishment, as provided for by this Act.
(c) If a person cannot receive an alternative punishment without removing the basic needs of himself or his dependents, then he shall serve this alternative punishment during periods in which he is not working (commonly the weekend).

Title B: Social work

Subtitle [a]: Types of social work

Article 1: Labor

Article 2

Article 3

Subtitle [b]: Length of social work

Title C: Imprisonment

Subtitle [a]

Subtitle [b]: Inmate living standards

Subtitle [c]: Penal labor

Article 1: Punitive labor

Section 1:
(a) Punitive labor shall signify forced, productive labor that is assigned to inmates to pay for the costs their imprisonment causes.
(i) Punitive labor shall be a universal method of resolving costs of incarceration. No imprisoned person shall be allowed to pay instead of serving punitive labor.
(b) Punitive labor shall be assigned in accordance with regard to the abilities, fitness and health of an inmate assigned to do such work.
Section 2: Constraints
(a) A prisoner may not be forced to work for more than

(i) three hours at a time for any kind of labor;
(ii) two hours at a time for physical labor;
(iii) one hour at a time for hard physical labor.

(b) A prisoner may not be forced to work for more than

(i) eight hours for any kind of labor;
(ii) six hours for physical labor;
(iii) four hours for hard physical labor

during a period of 23 hours and 56 minutes.
(c) A prisoner may not be forced to work

(i) earlier than six o'clock in the morning (adjusted to prison time zone and summer time);
(ii) later than eight o'clock in the evening (adjusted to prison time zone and summer time).

Section 3: Types of punitive labor

Article 2: Non-punitive labor

(a) If a person has been sentenced to imprisonment and a fine, serving penal labor additional to punitive labor assigned to pay for incarceration costs may be used to pay off the fine.

Subtitle [d]: Re-socialization

Article 1: Preventive detention

Section 1: Psychiatry
Section 2: Danger to the public
Section 3: Danger of relapse

Article 2: Education

Article 3: Post-incarceration prov(?)

Title D: Exile

Subtitle [a]: Types of exile

Subtitle [b]: Length of exile

Subtitle [c]: As an alternative to imprisonment

Article 1: Complete substitution

Section 1:
(a) Imprisonment may be substituted by an equal length in exile

(i) while Usian sovereignty is not recognized by the nations also claiming USI's territorial claims;
and (ii) if the Usian Republic lacks necessary infrastructure.

(b) As long as Usian sovereignty is not recognized,

Title E: House arrest

Title F: Collateral consequences of criminal conviction

Subtitle [a]: Misdemeanor, Lower felony, Upper felony

Subtitle [b]

Title G: Sentence adjustment

Article 1: Mitigation

Section 1: Definition
A mitigating circumstance (or factor) shall be a condition or happening which does not excuse or justify criminal conduct, but be considered out of mercy or fairness of downward adjustment of a penalty upon conviction.
Section 2:
The presiding judge shall decide whether a crime was committed under mitigating circumstances or not.

Article 2: Aggravation

Section 1: Definition
An aggravating circumstance (or factor) shall be a condition or happening which makes a committed crime more immoral or heinous than the same crime committed under normal circumstances, but be considered on restitutional grounds of upward adjustment of a penalty upon conviction.
Section 2:
The presiding judge shall decide whether a crime was committed under aggravating circumstances or not.

Article 3: Combination of mitigation and aggravation

Section 1: Definition
If a crime is committed under both mitigating and aggravating factors, the presiding judge may sentence the perpetrator between slightly over the minimum punishment for the commission of the crime under mitigating circumstances and slightly under the maximum punishment for the commission of the crime under aggravating circumstances.

Title H: Parole

Title J: Warnings

Chapter III: Crimes

Title A: Crimes against life

Subtitle [a]: Murder

Article 1: 1st degree murder

Section 1:
(a) The act of killing another human being for the sake of any sort of personal gain or pleasure or to hide another crime shall be known as 1st degree murder and shall be an Upper Felony.
(b) For an offense as described in subsection IIIA[a]1§1(a) to be murder, the perpetrator must willfully (without being forced to do so by a threat of death or grievous or grave bodily injury to the perpetrator or to a natural person as listed in clause IA(x) commit the act (mens rea)), and knowingly commit the crime.
Section 2: Mitigating and aggravating factors
(a) Aggravating factors shall include:

(i) Gruesome, particularly painful or prolonged death of the victim;
(ii) Murder of a minor, especially a minor in one's care;
(iii) Murdering a human being otherwise in one's care or dependent on the murderer;
(iv) Murder of a pregnant woman;
(v) Murdering for political reasons;
(vi) Murdering in return for pay or other reward

Section 3: Punishment
(a) One who murders one human being in the 1st degree under normal circumstances shall be sentenced to a term in prison of at least 25 years not exceeding 30 years. A parole may be granted after 20 years by an equally high court as the sentencing court.
(b) One who murders one human being in the 1st degree under aggravating circumstances shall be sentenced to a term in prison of at least 35 years not exceeding 40 years. A parole may be granted after 28 years by an equally high court as the sentencing court.
(c) One who murders one human being in the 1st degree under mitigating circumstances shall be sentenced to a term in prison of at least 20 years not exceeding 25 years. A parole may be granted after 17 years by an equally high court as the sentencing court.
(d) One who murders two human beings in the 1st degree under normal circumstances shall be sentenced to a term in prison of at least 50 years not exceeding 60 years. A parole may be granted after 40 years by an equally high court as the sentencing court.
(e) One who murders two human beings in the 1st degree under aggravating circumstances shall be sentenced to a term in prison of at least 70 years to life in prison. A parole may be granted after 56 years by an equally high court as the sentencing court.
(f) One who murders two human beings in the 1st degree under mitigating circumstances shall be sentenced to a term in prison of at least 40 years not exceeding 50 years. A parole may be granted after 34 years by an equally high court as the sentencing court.
(g) One who murders more than two human beings in the 1st degree under normal circumstances shall be sentenced to life in prison. A parole may be granted after 60 years by an equally high court as the sentencing court.
(h) One who murders more than two human beings in the 1st degree under aggravating circumstances shall be sentenced to life in prison. A parole may not be granted.
(j) One who murders more than two human beings in the 1st degree under mitigating circumstances shall be sentenced to a term in prison of at least 60 years or life in prison. A parole may be granted after 51 years by an equally high court as the sentencing court.
(k) One who murders one human being in the 1st degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 10 years.
(l) One who murders one human being in the 1st degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 10 years not exceeding 15 years.
(m) One who murders one human being in the 1st degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 5 years.
(n) One who murders two human beings in the 1st degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 10 years not exceeding 20 years.
(o) One who murders two human beings in the 1st degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 20 years not exceeding 30 years.
(p) One who murders two human beings in the 1st degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 10 years.
(q) One who murders more than two human beings in the 1st degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 20 years not exceeding 30 years.
(r) One who murders more than two human beings in the 1st degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 30 years not exceeding 40 years.
(s) One who murders more than two human beings in the 1st degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 20 years.

Article 2: 2nd degree murder

Section 1:
(a) The act of committing a felony which is likely to result in death against another human being without wishing to necessarily cause death which results in a death of that or another human being shall be known as 2nd degree murder and shall be an Upper felony.
(b) For an offense as described in subsection IIIA[a]2§1(a) to be murder, the perpetrator must willfully, knowingly and without being forced to do so by a threat of death or grievous or grave bodily injury to the perpetrator or to a natural person as listed in clause IA(x) commit the act (mens rea).
Section 2: Aggravating and mitigating factors
(a) Aggravating factors shall include:

(i) Gruesome, particularly painful or prolonged death of the victim;
(ii) Murder of a minor, especially a minor in one's care;
(iii) Murdering a human being otherwise in one's care or dependent on the murderer;
(iv) Murder of a pregnant woman;
(v) Murdering for political reasons;
(vi) Murdering in return for pay or other reward.

(b) Mitigating factors shall include

(i) seriously attempting to save the life of the victim.

Section 3: Punishment
(a) One who murders one human being in the 2nd degree under normal circumstances shall be sentenced to a term in prison of at least 22 years not exceeding 25 years. A parole may not be granted.
(b) One who murders one human being in the 2nd degree under aggravating circumstances shall be sentenced to a term in prison of at least 25 years not exceeding 30 years. A parole may not be granted.
(c) One who murders one human being in the 2nd degree under mitigating circumstances shall be sentenced to a term in prison of at least 18 years not exceeding 23 years. A parole may be granted after 17 years by an equally high court as the sentencing court.
(d) One who murders two human beings in the 2nd degree under normal circumstances shall be sentenced to a term in prison of at least 44 years not exceeding 50 years. A parole may be granted after 40 years by an equally high court as the sentencing court.
(e) One who murders two human beings in the 2nd degree under aggravating circumstances shall be sentenced to a term in prison of at least 50 years not exceeding 60 years. A parole may be granted after 45 years by an equally high court as the sentencing court.
(f) One who murders two human beings in the 2nd degree under mitigating circumstances shall be sentenced to a term in prison of at least 36 years not exceeding 46 years. A parole may be granted after 32 years by an equally high court as the sentencing court.
(g) One who murders more than two human beings in the 2nd degree under normal circumstances shall be sentenced to at least 66 years or life in prison. A parole may be granted after 60 years by an equally high court as the sentencing court.
(h) One who murders more than two human beings in the 2nd degree under aggravating circumstances shall be sentenced to life in prison. A parole may not be granted.
(j) One who murders more than two human beings in the 2nd degree under mitigating circumstances shall be sentenced to a term in prison of at least 54 years not exceeding 69 years. A parole may be granted after 50 years by an equally high court as the sentencing court.
(k) One who murders one human being in the 2nd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 8 years.
(l) One who murders one human being in the 2nd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 7 years not exceeding 10 years.
(m) One who murders one human being in the 2nd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 3 years.
(n) One who murders two human beings in the 2nd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 10 years not exceeding 16 years.
(o) One who murders two human beings in the 2nd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 14 years not exceeding 20 years.
(p) One who murders two human beings in the 2nd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 6 years.
(q) One who murders more than two human beings in the 2nd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 15 years not exceeding 24 years.
(r) One who murders more than two human beings in the 2nd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 21 years not exceeding 30 years.
(s) One who murders more than two human beings in the 2nd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 9 years.

Article 3: 3rd degree murder

Section 1: (a) The act of committing a felony which is not very likely to result in death against another human being without wishing to necessarily cause death which results in a death of that or another human being shall be known as 3rd degree murder an shall be an Upper felony. (b) For an offense as described in subsection IIIA[a]3§1(a) to be murder, the perpetrator must willfully, knowingly and without being forced to do so by a threat of death or grievous or grave bodily injury to the perpetrator or to a natural person as listed in clause IA(x) commit the act (mens rea). Section 2: Mitigating and aggravating factors (a) Aggravating factors shall include (i) Committing the crime resulting in gruesome, particularly painful or prolonged death of the victim; (ii) Committing the crime resulting in the death of a minor, especially a minor in one's care; (iii) Committing the crime resulting in the death of a human being otherwise in one's care or dependent on the murderer; (iv) Committing the crime resulting in the death of a pregnant woman; (v) Committing the crime for political reasons; (vi) Committing the crime in return for pay or other reward. (b) Mitigating factors shall include (i) seriously attempting to save the life of the victim. Section 3: Punishment (a) One who murders one human being in the 3rd degree under normal circumstances shall be sentenced to a term in prison of at least 17 years not exceeding 25 years. A parole may be granted after 10 years by a court of equal or greater height as the sentencing court. (b) One who murders one human being in the 3rd degree under aggravating circumstances shall be sentenced to a term in prison of at least 22 years not exceeding 30 years. A parole may be granted after 15 years. (c) One who murders one human being in the 3rd degree under mitigating circumstances shall be sentenced to a term in prison of at least 12 years not exceeding 20 years. A parole may be granted after 10 years by an equally high court as the sentencing court. (d) One who murders two human beings in the 3rd degree under normal circumstances shall be sentenced to a term in prison of at least 28 years not exceeding 44 years. A parole may be granted after 40 years by an equally high court as the sentencing court. (e) One who murders two human beings in the 3rd degree under aggravating circumstances shall be sentenced to a term in prison of at least 50 years not exceeding 60 years. A parole may be granted after 45 years by an equally high court as the sentencing court. (f) One who murders two human beings in the 3rd degree under mitigating circumstances shall be sentenced to a term in prison of at least 36 years not exceeding 46 years. A parole may be granted after 32 years by an equally high court as the sentencing court. (g) One who murders more than two human beings in the 3rd degree under normal circumstances shall be sentenced to at least 66 years or life in prison. A parole may be granted after 60 years by an equally high court as the sentencing court. (h) One who murders more than two human beings in the 3rd degree under aggravating circumstances shall be sentenced to life in prison. A parole may not be granted. (j) One who murders more than two human beings in the 3rd degree under mitigating circumstances shall be sentenced to a term in prison of at least 54 years not exceeding 69 years. A parole may be granted after 50 years by an equally high court as the sentencing court. (k) One who murders one human being in the 3rd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 8 years. (l) One who murders one human being in the 3rd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 7 years not exceeding 10 years. (m) One who murders one human being in the 3rd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 3 years. (n) One who murders two human beings in the 3rd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 10 years not exceeding 16 years. (o) One who murders two human beings in the 3rd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 14 years not exceeding 20 years. (p) One who murders two human beings in the 3rd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 6 years. (q) One who murders more than two human beings in the 3rd degree under normal circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 15 years not exceeding 24 years. (r) One who murders more than two human beings in the 3rd degree under aggravating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 21 years not exceeding 30 years. (s) One who murders more than two human beings in the 3rd degree under mitigating circumstances and is at the time of the murder not yet 18 years of age shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term not exceeding 9 years. Article 4: Mass killing Section 1: Terrorism resulting in death (a) A violent act that is (i) intended to create fear (terror); (ii) is perpetrated for a religious, political, or ideological goal; (iii) deliberately targets or disregards the safety of non-combatants and (iv) results in death shall be known as terrorism resulting in death and committing it shall be an Upper felony. (b) For an offense as described in subsection IIIA[a]4§1(a) to be terrorism resulting in death, the perpetrator must willfully, knowingly and without being forced to do so by a threat of death or grievous or grave bodily injury to the perpetrator or to a natural person as listed in clause IA(x) commit the act (mens rea). Section 2: Genocide (a) The murder of (i) a large group of human beings; (ii) the members of which have in common racial, religious, ideological or other such properties; and (iii) to destroy or diminish the existence of this group shall be known as genocide and is an Upper felony. Section 3: Other mass killing (a) The act of murdering more than one human being in the 1st or more than two human beings in the 2nd degree at the same time shall be known as mass murder and shall be an Upper felony. Section 4: Punishment (a) Mass killers shall be sentenced to life in prison. A parole may not be granted. (b) Young offenders shall be sentenced to a juvenile delinquent correctional center and, upon turning 18, be transferred to a prison to serve a term of at least 30 not exceeding 40 years. A parole may be granted after 15 years by a court of equal or greater height as the sentencing court. Article 5: Conspiracy, assistance, intention and attempt Section 1: (a) Anyone who willingly and knowingly conspires with another person to commit or force another person to commit murder in any degree or mass murder shall guilty of an Upper felony and be sentenced, together with the one conspiring with the offender, to a prison sentence of at least 5 years not exceeding 10 years. A parole may be granted after 3 years by an equally high court as the sentencing court. (b) A young offender who conspires with another person to commit or force another person to commit murder in any degree or mass murder shall be guilty of an Upper felony and be sentenced, together with the one conspiring with the offender, to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may be granted by an equally high court as the sentencing court after one year. Section 2: (a) Anyone who willingly and knowingly assists another in committing a murder of any degree or mass murder shall be guilty of an Upper felony and be sentenced to a prison term of at least 3 years not exceeding 15 years. A parole may not be granted. (b) A young offender who willingly and knowingly assists another person in committing murder in any degree or mass murder shall be guilty of an Upper felony and be sentenced, together with the one conspiring with the offender, to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 2 years not exceeding 12 years. A parole may not be granted. Section 3: (a) Anyone who seriously, knowingly and willingly intends to commit murder in the 1st or 2nd degree but decides not to shall be guilty of an Lower felony and be sentenced to a prison term of at least 1 years not exceeding 3 years. A parole may be granted after 6 months. (b) A young offender who willingly and knowingly intends to commit murder in any degree or mass killing but decides not to shall be guilty of an Lower felony and be sentenced to a juvenile delinquency correctional center until aged 18 but at least for 1 year. Section 4: (a) Anyone who seriously, knowingly and willingly attempts to commit murder in any degree or mass killing shall be guilty of an Upper felony and be sentenced to a prison term of at least 10 years not exceeding 15 years. A parole may be granted after 8 years. (b) A young offender who seriously, knowingly and willingly attempts to commit murder in any degree or mass murder shall be guilty of an Upper felony and be sentenced to a prison term of at least 10 years not exceeding 15 years. Subtitle [b]: Manslaughter and negligent killing Article 1: Manslaughter Section 1: (a) The act of killing another human being after being subjected to circumstances or provided with information that would cause a reasonable person to become highly emotional and loose full control of his actions shall be known as manslaughter and shall be an Upper felony. (b) It is the burden of the defense to prove that a state of high emotionality and loss of full control of the perpetrator's actions existed at the time of the homicide. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) being more emotional or more likely to lose control because of self-induced intoxication (ii) gruesome, particularly painful or prolonged death of the victim; (iii) killing of a minor, especially a minor in one's care; (iv) killing a human being otherwise in one's care or dependent on the murderer; (v) killing of a pregnant woman; and (vi) asking for information the perpetrator knows might cause him to lose self-control. (b) Mitigating factors include (i) history or proof of a mental illness insufficiently disturbing to cause complete loss of criminal responsibility but which is sufficiently mentally disturbing to promote loss of full self-control; (ii) intentional provocation by the victim; and (iii) lack of intent to actually kill the victim. Section 3: Punishment (a) Anyone who commits manslaughter on one human being under normal circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 8 years not exceeding 15 years. A parole may be granted after 6 years by a court equally high as the sentencing court. (b) Anyone who commits manslaughter on one human being under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 12 years not exceeding 22 years. A parole may not be granted. (c) Anyone who commits manslaughter on one human being under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 6 years not exceeding 10 years. (d) Anyone who commits manslaughter on two or more human beings under normal circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 16 years not exceeding 25 years. A parole may be granted after 14 years by a court equally high as the sentencing court. (e) Anyone who commits manslaughter on two or more human beings under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 20 years not exceeding 30 years. A parole may not be granted. (f) Anyone who commits manslaughter on two or more human beings under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 12 years not exceeding 20 years. (g) A young offender who commits manslaughter on one human being under normal circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 2 years not exceeding 4 years. A parole may be granted after one year by a court equally high as the sentencing court. (h) A young offender who commits manslaughter on one human being under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 6 years not exceeding 8 years. A parole may be granted after 5 years by a court equally high as the sentencing court. (j) A young offender who commits manslaughter on one human being under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 9 months not exceeding 3 years. A parole may be granted after one year by a court equally high as the sentencing court. (k) A young offender who commits manslaughter on two or more human beings under normal circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 6 years not exceeding 10 years. A parole may be granted after 7 years by a court equally high as the sentencing court. (l) A young offender who commits manslaughter on two or more human beings under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a a term of at least 8 years not exceeding 16 years. A parole may be granted after 14 years by an equally high court as the sentencing court. (m) A young offender who commits manslaughter on two or more human beings under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 2 years not exceeding 6 years. Section 4: Attempt (a) Anyone who attempts but fails to commit manslaughter shall be guilty of a Lower felony and sentenced to a prison term of at least 3 years not exceeding 5 years. In less serious cases, a prison term of at least one year not exceeding 3 years shall be imposed. A pardon may be granted after 2 years (after 6 months in less serious cases) by a court of equal height as the sentencing court. (b) A young offender who attempts to commit manslaughter shall be guilty of a Lower felony and sentenced to a juvenile delinquency correctional center until the direction of the center sees it fit to release the young offender Article 2: Defensive manslaughter Section 1: (a) The act of knowingly and willingly using lethal force in circumstances do not justify it without believing the circumstances themselves to be different ones shall be an Upper felony and known as Defensive manslaughter. (b) The act shall not be considered defensive manslaughter if the perpetrator believed the circumstances to be ones that would allow use of lethal force under the law. (c) Believing use of lethal force to have been justified under the law even though it was not shall be no defense. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) Committing the crime resulting in gruesome, particularly painful or prolonged death of the victim; (ii) Committing the crime resulting in the death of a minor, especially a minor in one's care; (iii) Committing the crime resulting in the death a human being otherwise in one's care or dependent on the murderer; (iv) Committing the crime resulting in the death of a pregnant woman. (b) Mitigating factors shall include (i) Not intending to use lethal force but acutely misjudging the application of force; Section 3: Punishment (a) Anyone who commits defensive manslaughter on one human being under normal circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 5 years not exceeding 10 years. A parole may be granted after 2 years by a court equally high as the sentencing court. (b) Anyone who commits defensive manslaughter on one human being under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 10 years not exceeding 15 years. A parole may not be granted. (c) Anyone who commits defensive manslaughter on one human being under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 2 years not exceeding 5 years. A parole may be granted after 2 years by a court of equal height as the sentencing court. (d) Anyone who commits defensive manslaughter on two or more human beings under normal circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 8 years not exceeding 13 years. A parole may be granted after 7 years by a court equally high as the sentencing court. (e) Anyone who commits defensive manslaughter on two or more human beings under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 15 years not exceeding 30 years. A parole may not be granted. (f) Anyone who commits defensive manslaughter on two or more human beings under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 5 years not exceeding 10 years. (g) A young offender who commits defensive manslaughter on one human being under normal circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 8 years. A parole may be granted after one year by a court equally high as the sentencing court. (h) A young offender who commits defensive manslaughter on one human being under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 6 years not exceeding 10 years. A parole may be granted after 3 years by a court equally high as the sentencing court. (j) A young offender who commits defensive manslaughter on one human being under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 6 months not exceeding 1 year. A parole may be granted after 3 months by a court equally high as the sentencing court. (k) A young offender who commits defensive manslaughter on two or more human beings under normal circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 12 years. A parole may be granted after 5 years by a court equally high as the sentencing court. (l) A young offender who commits defensive manslaughter on two or more human beings under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a a term of at least 8 years not exceeding 15 years. A parole may be granted after 10 years by an equally high court as the sentencing court. (m) A young offender who commits defensive manslaughter on two or more human beings under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 1 year not exceeding 2 years. Section 4: Attempt Article 3: Direct negligent killing Section 1: (a) Anyone who neglects duties expressly given to him and expressly accepted by him, including legal guardianship, causing the death of another, shall be guilty of an Upper felony known as direct negligent killing. (b) It is the burden of the prosecution to prove that the duties mentioned in subsection IIIA[b]3§1(a) were expressly given to and accepted by the perpetrator. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) the duties neglected being part of an office or position, either governmental or employing; (ii) the neglecting of duties resulting in the death of one in one's legal guardianship; (iii) the neglecting of duties being because of self-induced intoxication. (b) Mitigating factors shall include (i) (in cases of death of one in one's custody) being bed-ridden; (ii) not noticing that the death because busy fulfilling other parts of an office or position. Section 3: Punishment (a) Anyone who commits direct negligent killing resulting in the death of one human being under normal circumstances shall be guilty of either a Lower or an Upper felony and be sentenced to a prison term of at least 3 years not exceeding 8 years and fined no less than 450 UTBs and no more than 1000 UTBs. A parole may be granted after 3 years by a court equally high as the sentencing court. (b) Anyone who commits direct negligent killing resulting in the death of one human being under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 5 years not exceeding 15 years and a fined no less than 4500 UTBs and no more than 9000 UTBs. A parole may not be granted. (c) Anyone who commits direct negligent killing resulting in the death of one human being under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 2 years not exceeding 6 years and fined no more than 180 UTBs. A parole may be granted after one year by a court of equal height as the sentencing court. (d) Anyone who commits direct negligent killing resulting in the death of two or more human beings under normal circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 8 years not exceeding 13 years. A parole may be granted after 7 years by a court equally high as the sentencing court. (e) Anyone who commits direct negligent killing resulting in the death of two or more human beings under aggravated circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 15 years not exceeding 30 years. A parole may not be granted. (f) Anyone who commits defensive manslaughter on two or more human beings under mitigating circumstances shall be guilty of an Upper felony and be sentenced to a prison term of at least 5 years not exceeding 10 years. (g) A youth can accept duties as referred to in section IIIA[b]3§1 if his legal guardian expressly accepts his acceptance of the duties as well, giving full criminal liability to the legal guardian. Article 4: Indirect negligent killing Section 1: (a) Anyone who fails to provide assistance to another after the other has experienced a serious accident, in a time of general emergency or a similar type of emergency or who neglects blatant implied duties be guilty of a Lower or Upper felony known as indirect negligent killing. (b) One who cannot provide assistance because he is bodily or mentally unable to, would be neglecting important duties, including guardianship, or does not notice an accident or emergency or it would having to provide assistance would otherwise be an unreasonable demand, shall not be guilty of indirect negligent killing. (c) It is the burden of the defense to prove that one who did not provide assistance did not notice an emergency as referred to in subsection IIIA[b]§1(b). Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) leaving the scence of an accident in a remote area where other aid is unlikely to come; (ii) (b) Mitigating factors shall include (i) placing an emergency call immediately after leaving the scene of the accident; (ii) Section 3: Punishment (a) Title B: Crimes against the body Subsection [a]: Seriousness and type of harm Article 1: Grievous bodily injury Section 1: Definition Any injury to the body of a human being that results in irreversible loss of or serious damage to (i) sight; (ii) hearing; (iii) sense of smell; (iv) sense of taste; (v) sense of touch and feeling; (vi) a limb or functionality of a limb; (vii) an internal organ or the functionality of an internal organ; (viii) the spine, the brain and/or other important elements to continued health; (ix) of internal or external reproductive organs or functionality of internal or external reproductive organs or (x) resulting in a loss of the ability to be employed with a reasonable income without resulting in causal death within a reasonable period of time shall be known as grievous bodily injury. Section 2: Causing grievous bodily injury Knowingly and willfully causing another person grievous bodily injury shall be an Upper felony. Section 3: Aggravating and mitigating factors (a) Aggravating factors shall include (b) Mitigating factors shall include (i) the perpetrator having been subjected to circumstances or provided with information that would cause a reasonable person to become highly emotional and loose full control of his actions; (ii) the perpetrator having been sorely provoked by the victim(s); Section 4: Punishment (a) Anyone who acts as described in IIIB[a]1§2 under normal circumstances shall be sentenced to a prison term of at least 10 years not exceeding 20 years. A parole may not be granted. (b) Anyone who acts as described in IIIB[a]1§2 under aggravated circumstances shall be sentenced to a prison term of at least 15 years not exceeding 25 years. A parole may not be granted. (c) Anyone who acts as described in IIIB[a]1§2 under mitigated circumstances shall be sentenced to a prison term of at least 5 years not exceeding 10 years. A parole may be granted after 2 years by a court equally high as the sentencing court. (d) Anyone who acts as described in IIIB[a]1§2, but injures two or more human beings under normal circumstances, shall be sentenced to a prison term of at least 15 years not exceeding 25 years. A parole may be granted after 10 years by a court of equal height as the sentencing court. (e) Anyone who acts as described in IIIB[a]1§2, but injures two or more human beings under aggravated circumstances, shall be sentenced to a prison term of at least 20 years not exceeding 30 years. A parole may be granted after 15 years by a court of equal height as the sentencing court. (f) Anyone who acts as described in IIIB[a]1§2, but injures two or more human beings under mitigated circumstances shall be sentenced to a prison term of at least 10 years not exceeding 15 years. A parole may be granted after 5 years by a court equally high as the sentencing court. (g) A youth offender who acts as described in IIIB[a]1§2 under normal circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may not be granted. (h) A youth offender who acts as described in IIIB[a]1§2 under aggravated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 8 years. A parole may not be granted. (j) A youth offender who acts as described in IIIB[a]1§2 under mitigated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least one year not exceeding 3 years. A parole may be granted after one year by a court equally high as the sentencing court. (k) A youth offender who acts as described in IIIB[a]1§2, but injures two or more human beings under normal circumstances, shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 4 years not exceeding 8 years. A parole may be granted after 5 years by a court of equal height as the sentencing court. (l) A youth offender who acts as described in IIIB[a]1§2, but injures two or more human beings under aggravated circumstances, shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 8 years not exceeding 12 years. A parole may be granted after 8 years by a court of equal height as the sentencing court. (m) A youth offender who acts as described in IIIB[a]1§2, but injures two or more human beings under mitigated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may be granted after 2 years by a court equally high as the sentencing court. Article 2: Grave bodily injury Section 1: Definition Any injury to the body of a human being that results in loss of or serious damage to (i) its previous aesthetical state; (ii) the wider continuity of the skin (all layers); (iii) the bones; (iv) the index, middle or ring finger; or (v) results in the loss of the ability to be employed with reasonable income for longer than three months without resulting in causal death or grievous bodily injury within a reasonable period of time shall be known as grave bodily injury. Section 2: Causing grave bodily injury Knowingly and willfully causing another person grave bodily injury shall be an Upper or a Lower felony or, if factors listed under subsection IIIB[a]2§3(b) exist, a Lower felony or misdemeanor. Section 3: Aggravating and mitigating factors (a) Aggravating factors shall include (b) Mitigating factors shall include (i) the perpetrator having been subjected to circumstances or provided with information that would cause a reasonable person to become highly emotional and lose full control of his actions; (ii) the perpetrator having been sorely provoked by the victim(s); Section 4: Punishment (a) Anyone who acts as described in IIIB[a]2§2 under normal circumstances shall be sentenced to a prison term of at least 3 years not exceeding 8 years. A parole may be granted after 2 years by a court of equal height as the sentencing court. (b) Anyone who acts as described in IIIB[a]2§2 under aggravated circumstances shall be sentenced to a prison term of at least 5 years not exceeding 10 years. A parole may be granted after 3 years by a court of equal height as the sentencing court. (c) Anyone who acts as described in IIIB[a]2§2 under mitigated circumstances shall be sentenced to a prison term of at least one year not exceeding 5 years. A parole may be granted after nine months by a court equally high as the sentencing court. (d) Anyone who acts as described in IIIB[a]2§2, but injures two or more human beings under normal circumstances, shall be sentenced to a prison term of at least 5 years not exceeding 12 years. A parole may be granted after 7 years by a court of equal height as the sentencing court. (e) Anyone who acts as described in IIIB[a]2§2, but injures two or more human beings under aggravated circumstances, shall be sentenced to a prison term of at least 10 years not exceeding 18 years. A parole may be granted after 12 years by a court of equal height as the sentencing court. (f) Anyone who acts as described in IIIB[a]2§2, but injures two or more human beings under mitigated circumstances shall be sentenced to a prison term of at least 10 years not exceeding 15 years. A parole may be granted after 5 years by a court equally high as the sentencing court. (g) A youth offender who acts as described in IIIB[a]2§2 under normal circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may not be granted. (h) A youth offender who acts as described in IIIB[a]2§2 under aggravated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 5 years not exceeding 8 years. A parole may not be granted. (j) A youth offender who acts as described in IIIB[a]2§2 under mitigated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least one year not exceeding 3 years. A parole may be granted after one year by a court equally high as the sentencing court. (k) A youth offender who acts as described in IIIB[a]2§2, but injures two or more human beings under normal circumstances, shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 4 years not exceeding 8 years. A parole may be granted after 5 years by a court of equal height as the sentencing court. (l) A youth offender who acts as described in IIIB[a]2§2, but injures two or more human beings under aggravated circumstances, shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 8 years not exceeding 12 years. A parole may be granted after 8 years by a court of equal height as the sentencing court. (m) A youth offender who acts as described in IIIB[a]2§2, but injures two or more human beings under mitigated circumstances shall be sentenced to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may be granted after 2 years by a court equally high as the sentencing court. Article 3: Bodily injury Section 1: Definition Any injury to the body of a human being that results in damage to (i) a bone; (ii) the general continuity of the skin; (iii) a finger- or toenail; (iv) a little finger without resulting in causal death, grievous or grave bodily injury, within a reasonable period of time shall be known as bodily injury. Section 2: Causing bodily injury Knowingly and willfully causing another person bodily injury shall be a Lower felony or misdemeanor and known differently depending on crime of infliction. Article 4: Grievous harm to physical health Section 1: Definition Any damage to the physical health other than injury that (i) results in long-term health difficulties; (ii) results in great vulnerability of the afflicted; (iii) results in great pain; (iv) results in grievous bodily injury; (v) makes an invasive or potentially dangerous surgery or other medical intervention a necessary procedure; or (vi) makes the afflicted permanently incapable of being employed with a reasonable income without resulting in causal death within a reasonable period of time shall be known as grievous harm to physical health. Section 2: Causing grievous harm to physical health Knowingly and willfully causing another person bodily injury shall be a Lower felony or misdemeanor and known differently depending on crime of infliction. Article 5: Grave harm to physical health Section 1: Definition Any damage to the physical health excluding injury that (i) may result in long-term difficulties; (ii) results in significantly greater vulnerability of the afflicted; (iii) results in significantly great pain; (iv) results in grave bodily injury; (v) results in very unpleasant experiences or makes a very unpleasant medical procedure necessary; or (vi) makes the afflicted incapable of being employed with a reasonable income for longer than three months without resulting in causal death within a reasonable period of time shall be known as grave harm to physical health. Article 6: Harm to physical health Section 1: Definition Any damage to the physical health excluding injury that (i) may result in minor long-term difficulties; (ii) results in slightly greater vulnerability of the afflicted; (iii) results in moderate pain; (iv) results in bodily injury; or (v) results in reasonably great unpleasant experiences or makes an unpleasant medical procedure necessary without resulting in causal death within a reasonable period of time shall be known as harm to physical health. Article 7: Grievous harm to mental health Section 1: Definition Any damage to mental health and welfare that (i) may result in long-term difficulties; (ii) destroys or significantly decreases the victim's ability to act without assistance from others; (iii) destroys or significantly decreases the vitim's ability to think; (iv) results in full amnesia; (v) or (vi) results in great damage to the victim's ability to apply reasonable judgment without resulting in causal death within a reasonable period of time shall be known as harm to physical health. Article 8: Grave harm to mental health Article 9: Harm to mental health Subsection [b]: Infliction of harm Article 1: Battery Section 1: Definition (a) The act of using an instrument other than a natural part of the body to physically injure another shall be known as Battery. (b) One who knowingly and willfully Batters another shall have committed a misdemeanor, Lower felony or Upper felony. Article 2: Assault Section 1: Definition (a) The act of bodily mishandling another shall be known as Assault. Article 3: Infection Article 4: Poisoning Article 5: Excessive self-defense Article 6: Criminal negligence Article 7: Medical malpractice Article 8: Conspiracy, Intent and Attempt Title C: Crimes against Welfare Subtitle [a]: Molestation Article 1: Harassment Article 2: Petty Obscenity Article 3: Stalking Article 4: Nuisance Article 5: Shock Article 6: Libel Article 7: Serious Insult Article 8: Slander Article 9: Conspiracy, Intent and Attempt Subtitle [b]: Manipulation Article 1: Manipulative teaching Article 2: Raising Badly Article 3: Bad influence Article 4: Conspiracy, Intent and Attempt Subtitle [c]: Negligent Neglect of Care See Code of Parenting Title D: Crimes against the Will Subtitle [a]: Holding against the Will Article 1: Kidnapping Article 2: Taking hostage Article 3: Enslavement Article 4: Conspiracy, Intent and Attempt Subtitle [b]: Perverting the Will Article 1: Duress Article 2: Extortion Article 3: Intimidation Article 4: Threat Article 5: Conspiracy, Intent and Attempt Title E: Crimes against the state and people Subtitle [a]: Crimes against property Article 1: Theft of property Section 1: Definition (a) The not expressly permitted taking of an object owned by the state or another without immediate necessity shall be known as theft of property. (i) Private property loaned to the government or another state institution shall be for the sake of this Article regarded as public property. (b) Knowingly and willingly stealing property shall be a Misdemeanor, Lower or Upper felony, as defined by the Usian Sentencing Guideline Diamonds. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) stealing public property (property owned by the state) (b) Mitigating factors shall include (i) stealing public property to support oneself or dependents after being unsuccessful in finding paid work; Section 3: Punishment See Usian Sentencing Guideline Diamond #0001. Article 2: Criminal vandalism of property Section 1: Definition (a) Criminal vandalism of property shall be the malicious defacement of an object of an estimated worth of greater than 450 UTBs without immediate necessity. (b) Knowingly and willingly vandalizing property shall be a Misdemeanor, Lower felony or Upper felony. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (b) Mitigating factors shall include Section 3: Punishment The punishment for criminal vandalism shall be the same as the punishment for theft. Article 3: Malicious destruction of property Section 1: Definition (a) Malicious destruction of property shall Article 4: Forgery of money Article 5: Embezzlement Article 6: Tax evasion Article 7: Money laundering Article 8: Funneling money Article 9: Arson Article 10: Fraud Article 11: False pretenses Article 12: Knowing possession of stolen goods Article 13: Conspiracy, Intent and Attempt Subtitle [b]: Crimes against Oaths and contracts Article 1: Breaking an Oath Article 2: Deceiving an Oath Article 3: Breaking a contract Article 4: Deceiving a contracting party Subtitle [c1]: Crimes against the health and life of the public Article 1: Infringing on human rights Section 1: Article 2: Poisoning vital resources Article 3: Recklessly damaging the environment Article 4: Intentionally spreading a disease Article 5: Otherwise endangering the public Article 6: Conspiracy, Intent and Attempt Subtitle [c2]: Crimes against national security Article 1: High treason Section 1: Definition (a) High treason shall be (i) the toppling of the Usian government or the Usian constitution; (ii) the levying of war against the state; or (iii) the murder of the Usian head of state, the Head of Executive; (iv) the murder of a domestic or foreign diplomat. (b) One who willingly and knowingly commits high treason shall be guilty of an Upper felony. Section 2: Aggravating and mitigating factors Section 3: Punishment (a) Anyone who commits high treason shall be imprisoned for no less than 5 years. (b) A young offender who commits high treason shall be sentenced to detention by a juvenile delinquency correctional center, and, if he has served at least two years, be released upon turning 18. If he has not served two years yet, he may be sentenced to additional time not exceeding two years minus the lenth of the sentence served in the correctional center. Article 2: Illegal possession of hazardous substances Article 3: Illegal possession of weapons Article 4: Concealment of a weapon without license Article 5: Espionage Article 6: Breaking Confidentiality [[Publicising confidential documents which endangers national security or is not in the interest of the state. If only human rights or violations of the law the discovery of which is more significant than the endangerment of national security or the interests of the state]] Article 7: Illegal importation, exportation and sale of weapons and/or hazardous substances Article 8: Attempting to violently overthrow the democratic order Article 9: Conspiracy, intention and attempt Subtitle [d1]: Crimes against equality Article 1: Racial or gender bias Article 2: False resumé Article 3: Forging a document Article 4: Corruption and bribery (When sworn against in a non-public office) Article 5: Conspiracy, Intent and Attempt Subtitle [d2]: Crimes against democracy Article 1: Forging election results Article 2: Bribing voters Article 3: Intimidating members of the Parliament Article 4: Attempting to unlawfully overturn the constitution Article 5: Conspiracy, Intent and Attempt Subtitle [d3]: Crimes against justice Article 1: Obstructing justice Article 2: Perjury Article 3: Destruction of evidence Article 4: Forgery of evidence Article 5: Threatening a judge or member of the jury Article 6: Bribery of court or prosecution Article 7: Malfeasance in public office (Public office-related misconduct) Article 8: Failing to report a felony Article 9: Abuse of Power Section 1: Definition (a) Using the power of holding a public office or other popular election or governmental appointment in a way that significantly deviates from official duties, or, in the case of a judge or other juror, rules, sentences or otherwise holds a verdict that is significantly devious from guidelines without reasonable justification or out of self-interest shall be known as Deviation From Norm. (b) One who knowingly and willingly Deviates From Norm shall be guilty of the impeachable Lower or Upper felony of abuse of power. Section 2: Mitigating and aggravating circumstances (a) Aggravating circumstances shall include (i) Causing significant disruption to the life of another by abusing power; (b) Mitigating circumstances shall include (i) Article 10: Conspiracy, Intent and Attempt Subtitle [d4]: Crimes against guarantee of constitutional rights Article 1: Obstructing or disobeying a government official Article 2: Obstructing or disobeying a law enforcement official Article 3: Obstructing or disobeying the military Article 4: Conspiracy, Intent and Attempt Title F: Crimes against non-human organisms Subtitle [a]: Definitions (a) Subtitle [b]: Cruelty to animals Article 1: Harassing an animal Article 2: Torturing an animal Article 3: Unlawfully killing an animal Section 1: Definition (a) The unlawful killing of an animal shall be any killing of an animal that is not provided for by the law. (b) The slaughtering of a reasonable amount of animals approved for edibility (see Appendix A) shall Article 4: Conspiracy, Intent and Attempt Subtitle [c]: Gross Misconduct between human and animal Article 1: Grossly Molesting an animal Article 2: Conspiracy, Intent and Attempt Subtitle [d]: Illegal possession, import, export and sale of animals Article 1: Import of a dangerous animal without license Article 2: Sale of a dangerous animal without checking license of second party Article 3: Exportation of an animal without license Article 4: Sale of an animal without license Article 5: Possessing a dangerous animal without a license Article 6: Conspiracy, Intention and Attempt Title G: Crimes against public order and peace Subtitle [a]: Improper behavioral conduct Article 1: Behaving in a disorderly manner --> (Drunk and) disorderly Article 2: Inebriation in public --> Drunk (and disorderly) Article 3: Violent or disturbing assembly Article 4: Loitering (To a certain point; there must be a No Loitering sign) Article 5: Conspiracy, Intention and Attempt Subtitle [b]: Shocking Article 1: Grand Obscenity (Distributing p. without license, child p., esp. to minors, unlawfully displaying gory pictures, etc.) Article 2: Unlawful Display (Willingly and knowingly displaying genitalia) Article 3: Disturbing (Continual shouting obscenities, etc., in public or so loudly that it can be heard in another's private area or a public area) Article 4: Conspiracy, Intent and Attempt Title H: Indirect offenses Subtitle [a]: Using another to commit a crime Article 1: Solicitation Section 1: (a) The act of paying, otherwise rewarding, ordering or otherwise persuading another to commit a crime shall be known as Solicitation. (b) One who knowingly and willfully commits the crime of solicitation shall be guilty of a Lower or Upper felony. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (i) soliciting a crime from a minor; (ii) soliciting a crime from a minor or other specifically placed in one's care; (iii) soliciting from one the solicitor has great influence over; and (iv) (b) Mitigating factors shall include Section 3: Punishment (a) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, anyone who has solicited a crime under normal circumstances shall receive a sentence equal to that given for the actual perpetration of the crime under normal circumstances. (b) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, a young offender who has solicited a crime under normal circumstances shall receive a sentence equal to that sentence which would be given to a young offender for actually perpetrating the solicited crime under normal circumstances. (c) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, anyone who has solicited a crime under aggravated circumstances shall receive a sentence equal to that given for the actual perpetration of the crime under aggravated circumstances. (d) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, a young offender who has solicited a crime under aggravated circumstances shall receive a sentence equal to that sentence which would be given to a young offender for actually perpetrating the solicited crime under aggravated circumstances. (e) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, anyone who has solicited a crime under mitigating circumstances shall receive a sentence equal to that given for the actual perpetration of the crime under mitigating circumstances. (f) If the Solicited crime is carried out or attempted by the one from whom it has been solicited, a young offender who has solicited a crime under mitigating circumstances shall receive a sentence equal to that sentence which would be given to a young offender for actually perpetrating the solicited crime under mitigating circumstances. Article 2: Incitement Section 1: (a) The act of publicly praising, seriously arguing for, or otherwise attempting to indirectly persuade (an)other(s) to commit a crime shall be known as Incitement. (b) One who knowingly and willfully commits the crime of solicitation shall be guilty of a Lower or Upper felony. Section 2: Aggravating and mitigating factors (a) Aggravating factors shall include (b) Mitigating factors shall include Section 3: Punishment (a) Anyone who incites shall receive a sentence equal to that of the perpetrator of the solicited crime, if the crime is carried out. (b) A young offender who commits solicitation shall receive a sentence equal to that of a hypothetical young offender committing a crime identical in all aspects to that of the perpetrator, if the crime is carried out. Article 3: Conspiracy and Intent Section 1: (a) Anyone who willingly and knowingly conspires with another person to commit or force another person to commit murder in any degree or mass murder shall guilty of an Upper felony and be sentenced, together with the one conspiring with the offender, to a prison sentence of at least 5 years not exceeding 10 years. A parole may be granted after 3 years by an equally high court as the sentencing court. (b) A young offender who conspires with another person to commit or force another person to commit murder in any degree or mass murder shall be guilty of an Upper felony and be sentenced, together with the one conspiring with the offender, to a juvenile delinquency correctional center, and, upon turning 18, be transferred to a prison to serve a term of at least 3 years not exceeding 5 years. A parole may be granted by an equally high court as the sentencing court after one year. Section 2: Subtitle [b]: Chapter IV: Final provisions Title A: Applying the Act Subtitle [a]: Counts Article 1: Multiple counts from the same crime Section 1: Each law a crime breaks shall be prosecuted by a different count. Section 2: Crimes of violence (a) Crimes of violence (Crimes against life, against the body, against Welfare and against the Will) shall consist of the Element of Damage and of the Element of Infliction. (i) The Element of Infliction shall consist of the way the violence was practiced and part of mens rea. (ii) The Element of Damage shall consist of the damage inflicted upon the victim by the violence and also of mens rea. Article 2: Multiple punishment for the same count Section 1: (a) One who has been sentenced to a punishment for a count shall not be sentenced again for the same count. (b) A sentence may be revised by a higher court. Punishment already served may not be disregarded in finding a new sentence. Subtitle [b]: Minor role Article 1: Appendix A: List of animals approved for edibility